HB 29B

1
A bill to be entitled
2An act relating to the state minimum wage; amending s.
395.11, F.S.; providing periods of limitations on actions
4for violations of the Florida Minimum Wage Act; creating
5s. 448.110, F.S., the Florida Minimum Wage Act; providing
6legislative intent to implement s. 24, Art. X of the State
7Constitution in accordance with authority granted to the
8Legislature therein; requiring employers to pay certain
9employees a minimum wage for all hours worked in Florida;
10incorporating provisions of the federal Fair Labor
11Standards Act; requiring the minimum wage to be adjusted
12annually; providing a formula for calculating such
13adjustment; requiring the Agency for Workforce Innovation
14and the Department of Revenue to annually publish the
15amount of the adjusted minimum wage; providing criteria
16for posting; requiring the agency to provide written
17notice to certain employers; providing a deadline for the
18notice to be mailed; providing that employers are
19responsible for maintaining their current addresses with
20the agency; requiring the agency to provide the department
21with certain information; prohibiting discrimination or
22adverse action against persons exercising constitutional
23rights under s. 24, Art. X of the State Constitution;
24providing for civil action by aggrieved persons; requiring
25aggrieved persons bringing civil actions to provide
26written notice to their employers alleged to have violated
27the act; providing information that must be included in
28the notice; providing a deadline by which an employer
29alleged to have violated the act must pay the unpaid wages
30in question or resolve the claim to the aggrieved person's
31satisfaction; providing that a statute of limitations is
32tolled for a specified period; providing that aggrieved
33persons who prevail in their actions may be entitled to
34liquidated damages and reasonable attorney's fees and
35costs; authorizing additional legal or equitable relief
36for aggrieved persons who prevail in such actions;
37providing that punitive damages may not be awarded;
38providing that actions brought under the act are subject
39to s. 768.79, F.S.; authorizing the Attorney General to
40bring a civil action and seek injunctive relief; providing
41a fine; providing statutes of limitations; authorizing
42class actions; declaring the act the exclusive remedy
43under state law for violations of s. 24, Art. X of the
44State Constitution; providing for implementation measures;
45designating ss. 448.01-448.110, F.S., as part I of ch.
46448, F.S.; providing a part title; providing for
47severability; providing an effective date.
48
49Be It Enacted by the Legislature of the State of Florida:
50
51     Section 1.  Paragraph (d) is added to subsection (2) and
52paragraph (q) is added to subsection (3) of section 95.11,
53Florida Statutes, to read:
54     95.11  Limitations other than for the recovery of real
55property.--Actions other than for recovery of real property
56shall be commenced as follows:
57     (2)  WITHIN FIVE YEARS.--
58     (d)  An action alleging a willful violation of s. 448.110.
59     (3)  WITHIN FOUR YEARS.--
60     (q)  An action alleging a violation, other than a willful
61violation, of s. 448.110.
62     Section 2.  Section 448.110, Florida Statutes, is created
63to read:
64     448.110  State minimum wage; annual wage adjustment;
65enforcement.--
66     (1)  This section may be cited as the "Florida Minimum Wage
67Act."
68     (2)  The purpose of this section is to provide measures
69appropriate for the implementation of s. 24, Art. X of the State
70Constitution, in accordance with authority granted to the
71Legislature pursuant to s. 24(f), Art. X of the State
72Constitution.
73     (3)  Effective May 2, 2005, employers shall pay employees a
74minimum wage at an hourly rate of $6.15 for all hours worked in
75Florida. Only those individuals entitled to receive the federal
76minimum wage under the federal Fair Labor Standards Act and its
77implementing regulations shall be eligible to receive the state
78minimum wage pursuant to s. 24, Art. X of the State Constitution
79and this section. The provisions of ss. 213 and 214 of the
80federal Fair Labor Standards Act, as interpreted by applicable
81federal regulations and implemented by the Secretary of Labor,
82are incorporated herein.
83     (4)(a)  Beginning September 30, 2005, and annually on
84September 30 thereafter, the Agency for Workforce Innovation
85shall calculate an adjusted state minimum wage rate by
86increasing the state minimum wage by the rate of inflation for
87the 12 months prior to September 1. In calculating the adjusted
88state minimum wage, the agency shall use the Consumer Price
89Index for Urban Wage Earners and Clerical Workers, not
90seasonally adjusted, for the South Region or a successor index
91as calculated by the United States Department of Labor. Each
92adjusted state minimum wage rate shall take effect on the
93following January 1, with the initial adjusted minimum wage rate
94to take effect on January 1, 2006.
95     (b)  The Agency for Workforce Innovation and the Department
96of Revenue shall annually publish the amount of the adjusted
97state minimum wage and the effective date. Publication shall
98occur by posting the adjusted state minimum wage rate and the
99effective date on the Internet home pages of the agency and the
100department by October 15 of each year. In addition, to the
101extent funded in the General Appropriations Act, the agency
102shall provide written notice of the adjusted rate and the
103effective date of the adjusted state minimum wage to all
104employers registered in the most current unemployment
105compensation database. Such notice shall be mailed by November
10615 of each year using the addresses included in the database.
107Employers are responsible for maintaining current address
108information in the unemployment compensation database. The
109agency shall not be responsible for failure to provide notice
110due to incorrect or incomplete address information in the
111database. The agency shall provide the Department of Revenue
112with the adjusted state minimum wage rate information and
113effective date in a timely manner.
114     (5)  It shall be unlawful for an employer or any other
115party to discriminate in any manner or take adverse action
116against any person in retaliation for exercising rights
117protected pursuant to s. 24, Art. X of the State Constitution.
118Rights protected include, but are not limited to, the right to
119file a complaint or inform any person of his or her potential
120rights pursuant to s. 24, Art. X of the State Constitution and
121to assist him or her in asserting such rights.
122     (6)(a)  Any person aggrieved by a violation of this section
123may bring a civil action in a court of competent jurisdiction
124against an employer violating this section or a party violating
125subsection (5). However, prior to bringing any claim for unpaid
126minimum wages pursuant to this section, the person aggrieved
127shall notify the employer alleged to have violated this section,
128in writing, of an intent to initiate such an action. The notice
129must identify the minimum wage to which the person aggrieved
130claims entitlement, the actual or estimated work dates and hours
131for which payment is sought, and the total amount of alleged
132unpaid wages through the date of the notice.
133     (b)  The employer shall have 15 calendar days after receipt
134of the notice to pay the total amount of unpaid wages or
135otherwise resolve the claim to the satisfaction of the person
136aggrieved. The statute of limitations for bringing an action
137pursuant to this section shall be tolled during this 15-day
138period. If the employer fails to pay the total amount of unpaid
139wages or otherwise resolve the claim to the satisfaction of the
140person aggrieved, then the person aggrieved may bring a claim
141for unpaid minimum wages, the terms of which must be consistent
142with the contents of the notice.
143     (c)1.  Upon prevailing in an action brought pursuant to
144this section, aggrieved persons shall recover the full amount of
145any unpaid back wages unlawfully withheld plus the same amount
146as liquidated damages and shall be awarded reasonable attorney's
147fees and costs. As provided under the federal Fair Labor
148Standards Act, pursuant to s. 11 of the Portal-to-Portal Act of
1491947, 29 U.S.C. s. 260, if the employer proves by a
150preponderance of the evidence that the act or omission giving
151rise to such action was in good faith and that the employer had
152reasonable grounds for believing that his or her act or omission
153was not a violation of s. 24, Art. X of the State Constitution,
154the court may, in its sound discretion, award no liquidated
155damages or award any amount thereof not to exceed an amount
156equal to the amount of unpaid minimum wages. The court shall not
157award any economic damages on a claim for unpaid minimum wages
158not expressly authorized in this section.
159     2.  Upon prevailing in an action brought pursuant to this
160section, aggrieved persons shall also be entitled to such legal
161or equitable relief as may be appropriate to remedy the
162violation, including, without limitation, reinstatement in
163employment and injunctive relief. However, any entitlement to
164legal or equitable relief in an action brought under s. 24, Art.
165X of the State Constitution shall not include punitive damages.
166     (d)  Any civil action brought under s. 24, Art. X of the
167State Constitution and this section shall be subject to s.
168768.79.
169     (7)  The Attorney General may bring a civil action to
170enforce this section. The Attorney General may seek injunctive
171relief. In addition to injunctive relief, or in lieu thereof,
172for any employer or other person found to have willfully
173violated this section, the Attorney General may seek to impose a
174fine of $1,000 per violation, payable to the state.
175     (8)  The statute of limitations for an action brought
176pursuant to this section shall be for the period of time
177specified in s. 95.11 beginning on the date the alleged
178violation occurred.
179     (9)  Actions brought pursuant to this section may be
180brought as a class action pursuant to Rule 1.220, Florida Rules
181of Civil Procedure. In any class action brought pursuant to this
182section, the plaintiffs shall prove, by a preponderance of the
183evidence, the individual identity of each class member and the
184individual damages of each class member.
185     (10)  This section shall constitute the exclusive remedy
186under state law for violations of s. 24, Art. X of the State
187Constitution.
188     (11)  Except for calculating the adjusted state minimum
189wage and publishing the initial state minimum wage and any
190annual adjustments thereto, the authority of the Agency for
191Workforce Innovation in implementing s. 24, Art. X of the State
192Constitution, pursuant to this section, shall be limited to that
193authority expressly granted by the Legislature.
194     Section 3.  Sections 448.01-448.110, Florida Statutes, are
195designated as part I of chapter 448, Florida Statutes, and
196entitled "Terms and Conditions of Employment."
197     Section 4.  If any provision of this act or the application
198thereof to any person or circumstance is held invalid, the
199invalidity shall not affect the other provisions or applications
200of the act which can be given effect without the invalid
201provision or application, and to this end the provisions of this
202act are declared severable.
203     Section 5.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.